Lawyer says buy property with loft conversion without planning permission using indemnity insurance

riteshpatel

I am buying a chalet bungalow first time. it has 2 bedrooms built in the loft space. It is probate sale and there is no paper or planning permission available for any work carried out in the house. Accordingly to them extension was carried out in 1970. They also seemed rebuilt garage around that time but no panning.
Solicitor says we will ask for indemnity insurance from seller and then can buy it.
just to be clear Council search says only one liner that in 1968 "alternations to rooms in loft - Grant" but they don't have any other paper.
I know different people say that old extension has no meaning and council cannot order to remove it.
My question is should I buy the house or pull out? is my solicitor's ( recommended by estate agent) advise correct? Will I have salability issue in the future?
I need advise from expert mainly from a solicitor or experienced person. Thanks for your help.
I also intend to do structural survey but don't know how much it will help. What is the way to know whether the loft conversion was carried out as per the planning rules of time of 1970

da_rule

Insurance should be more than adequate.

As you have said, a survey is the most important thing here. The survey should be able to give an indication of whether the structure is safe and may be able to give an estimation as to age. However, age isn’t really relevant, as even if it is still within the enforcement period then the insurance will step in.

In terms of whether it was built to the 1970’s standards, it’s unlikely that a surveyor will be able to tell you this and also somewhat irrelevant. What is important is if it is safe today and likely to remain safe for the foreseeable future.

LawAbiding

If it's still there from 1970's, it's likely to be fine for the foreseeable future.

Only you can decide if it's a deal breaker or not.

I am currently selling a property with no planning or building for the loft.

But my buyer is happy to buy, so all depends on your future buyers.

davidmcn

riteshpatel wrote: »

My question is should I buy the house or pull out?

Buy it.

is my solicitor's ( recommended by estate agent) advise correct?

Yes.

Will I have salability issue in the future?

No.

I need advise from expert mainly from a solicitor or experienced person.

You've already got advice from your solicitor. If you don't trust their advice, why are you using them?

TBagpuss

If the converstion was done in the 1970s it is unlikely that there would be any problems now - anything structural is likelyto have shown up at some point in the last 40 years and you are well past the time when any planning enforcement is possible.

I would be checking what the purpose of the insurance is for? You may not need it! It may be that it is mostly in case there are any later works

Your survey should tell you whether there are any issues with the proprty as it now is - which would be true whatever the planning status was.

It isn't likely that you would have saleability issues.

if the council document smention a grant then on the face of it, there was permission and if the council hasn't got anything else, thenthey wouldn't be able to prove that the works were not in accordance with that permission!

It sounds lik the sort of thing where your solicitor tells you about it becuas they need to tell you eveything, but that there is nothing to be concerned about.

Doozergirl

You don't even need the indemnity policy. The Building Regulations didn't exist and what do you need the planning certificate for if there's
a) evidence it was granted
b) it's lawful development now anyway

There's no issue. Just the regular survey ones.

riteshpatel

Now my solicitor says Seller will not even provide indemnity insurance. does it affect anyway? can i buy indemnity insurance as a buyer? or should I?

davidmcn

riteshpatel wrote: »

Now my solicitor says Seller will not even provide indemnity insurance. does it affect anyway? can i buy indemnity insurance as a buyer? or should I?

Why can't your solicitor answer these questions?

Please see Doozergirl's reply. It's absurd to be hunting for paperwork for alterations done half a century ago.

riteshpatel

davidmcn wrote: »

Why can't your solicitor answer these questions?

Please see Doozergirl's reply. It's absurd to be hunting for paperwork for alterations done half a century ago.

Hi David, are you a conveyancing solicitor?

davidmcn

riteshpatel wrote: »

Hi David, are you a conveyancing solicitor?

Yes, though I think I'd be giving you the same advice even if I weren't one!

Out of interest, how old is the house, and have you seen the consents for its original construction?

riteshpatel

davidmcn wrote: »

Yes, though I think I'd be giving you the same advice even if I weren't one!

Out of interest, how old is the house, and have you seen the consents for its original construction?

House is built in 1960. extension was done in 1968 they say now.
Does content you meant the layout of the house built. Then there is no such details in title report I only see the boundary of the plot and no details of the plan. However, it is the same original plan as most bungalows in the street. correct me if your question was different.
Thanks